Have you been feeling sick lately? Have you been diagnosed with a serious health condition with no clear source? If you eat a lot of ultra-processed foods (UPFs), like most Americans are nearly forced to do, the food you eat might be the source of your health troubles.
Much like how the tobacco and opioid industries were met with stacks of individual lawsuits and class action lawsuits for knowingly selling unsafe products, the food industry (or Big Food) might soon be facing a legal reckoning for selling ultra-processed foods. Unlike other litigation that similarly challenged other industries, though, UPF claimants are shifting their focus on individual injury claims that focus on the personal harm that each claimant has suffered, from type 2 diabetes and cardiovascular disease diagnoses to even certain types of cancers. Could it be time for you to file a UPF lawsuit, too?
What are Ultra-Processed Foods?
On almost any shelf in the grocery store, you can probably find ultra-processed foods. How do you know if you’re looking at ultra-processed food, though? The ingredients list and the manufacturing process usually reveal what you need to know. Generally, an ultra-processed food product is highly engineered and contains many ingredients that aren’t naturally occurring, as well as large amounts of added sugar, salt, and unhealthy fats.
Common examples of ultra-processed foods that most people have in their pantries are:
- Sodas and other sugary beverages
- Instant noodles
- Microwavable meals
- Packaged bread
- Processed meat products
- Ice cream
- Snack cakes
- Candy bars
- Sugary breakfast foods like cereals and granola bars
- Frozen entrees, especially those labeled as “low-fat” or “heart-healthy”
Are Ultra-Processed Foods Dangerous?
The convenience of buying and eating ultra-processed foods might be balanced or outweighed by the health dangers caused by eating too many of these types of food products. A 2023 study published in The Lancet revealed that people who eat frequently eat UPFs have a 30% increased risk of all-cause mortality or death from any source or cause.
Other studies have linked UPFs to various health issues, like:
- Obesity
- Fatty liver disease
- Hypertension
- Digestive health issues
- Cognitive decline
- Many more
Although a widening pool of study-based evidence shows that UPFs are unhealthy, Big Food continues to aggressively advertise these types of food products. To make matters even more frustrating, even new types of “healthy,” “wellness,” or “organic” food products can be ultra-processed and just as unhealthy as “junk food.” In response to the food industry’s continued insistence on selling UPFs without so much as a hint of a warning about the health conditions that they can cause, consumers across the nation are turning to attorneys to help them take legal action.
How UPFs Affect Children
Adults nationwide are filing ultra-processed food lawsuits, but some nutrition and health experts warn that the worst harm caused by UPFs might have been suffered by children. Some snacks and meals designed for and advertised to kids – and even pre-made lunches offered by school cafeterias – could be heavy with UPFs and all the problems that come with consuming them regularly.
Studies have shown that children who frequently eat UPFs are more likely to have:
- Childhood obesity
- Early-onset type 2 diabetes
- Attention-deficit disorders
- Developmental issues or delays
Children are still developing, so their bodies need well-rounded, nutritional meals. An excess of sugar, sodium, and artificial additives in UPFs could cause imbalances that then trigger different health issues. To make matters worse, many UPFs are sold in colorful or cartoonish packaging that appeals to children and that might cause them to develop unhealthy eating habits early in life without ever realizing that they had different, healthier choices.
UPF Lawsuits Point to Food Company Negligence
In many of the ultra-processed food lawsuits that have already been filed against Big Food, it is asserted that the food industry:
- Used intentionally misleading marketing language like “made with whole grains” or “part of a balanced breakfast” to distract from the fact that the product uses ultra-processed ingredients and manufacturing methods.
- Targeted vulnerable populations, like children and low-income demographics, with aggressive and misleading marketing strategies.
- Failed to disclose or deliberately downplayed internal Big Food research that indicated a diet heavy with UPFs could cause various health problems, some serious, chronic, or life-threatening.
UPF lawsuits are being filed by people from all walks of life, but for a plaintiff’s case to be considered strong enough to go to court, these common requisites should be met:
- Plaintiff regularly ate specific ultra-processed products that have been linked to health hazards.
- Plaintiff was diagnosed with a medical condition that has been linked to eating UPFs.
- Lawsuit includes proof that the manufacturer misrepresented or failed to disclose health risks relevant to eating UPFs.
- Ultra-processed foods in question have a causal connection to the plaintiff’s injury, illness, or health condition.
For example, one of the first UPF lawsuits to make headlines was filed by a 38-year-old Illinois woman who was diagnosed with type 2 diabetes and heart disease after eating “smart choice” frozen meals and snack bars for more than a decade. Her lawsuit asserts that the deceptive marketing language and lack of warning labels used by Big Food directly caused her to suffer those illnesses. Similar lawsuits have begun in California, New York, and Florida, many with the input of public health experts and nutritionists. Some of these experts are even willing to testify about how the marketing used by Big Food was meant to manipulate consumers into purchasing UPFs without thinking about potential health side effects.
Big Food Shows the First Crack in Its Defense
As UPF lawsuits start to form, the food industry is starting to try to explain its way around liability. However, the decision to start defending itself is actually the first sign that the lawsuits could be legally valid and strong. If Big Food thought the lawsuits were baseless, different food manufacturers wouldn’t have felt the need to repeatedly comment about how ultra-processed foods are safe.
Furthermore, during the discovery process of at least one lawsuit, internal food manufacturing company documents have suggested that some companies intentionally suppressed their own research that linked UPFs to chronic health conditions. Like Big Tobacco and Big Pharma had done in the past, this discovery suggests that Big Food has manipulated science, hidden risks, and fueled a public health crisis, which could all make it liable for the losses of countless plaintiffs.
Robert Peirce & Associates, P.C. Joins the Fight Against UPFs
Robert Peirce & Associates, P.C. has long been known as a trial law firm with the experience and capabilities needed to fight major corporations in court on behalf of the wrongly injured. We are now building upon our reputation by joining the legal battle against Big Food for selling ultra-processed foods.
Attorney-Partner Aaron Rihn, who has personally helped secure more than $50 million for past clients, is leading our firm’s charge into UPF lawsuits. As he recently explained, “For decades, the food industry has strategically buried the truth about ultra-processed foods—manipulating science, influencing regulations, and flooding the market with addictive products. This isn't just negligence; it's a calculated effort to keep the public in the dark while profits soar and health declines.”
Do you think that your health or that of your child has been harmed by long-term consumption of ultra-processed foods? If you have received a diagnosis of a serious medical condition or obesity-related complication, you could have grounds to file an individual lawsuit against food manufacturing companies. Our attorneys would like to hear from you to determine what steps you should take next.
Call (844) 383-0565 or submit an online contact form to request a FREE case evaluation with our UPF lawsuit legal team.